Expert and legal advisor Dr. Faisal Alhefeiti:
Raising the level of consumer awareness and increasing the efficiency of market regulatory mechanisms
Unlicensed commercial pages on social media should be approached with caution.
Dubai, United Arab Emirates, Monday, 8 January 2024:
Expert and legal advisor, Dr. Faisal Saeed Alhefeiti, confirmed that the United Arab Emirates guarantees a safe shopping experience for everyone, taking into consideration the rights of consumers and the presence of governing legislation that supports market control and develop it in proportion to any internal or external developments.
Alhefeiti explained that the UAE has an advanced system to protect consumers, promote good commercial practices, and ensure that the UAE’s markets are supplied with goods and products in accordance with the highest quality standards applied globally.
Alhefeiti stated that consumer rights guaranteed by UAE law include providing him with an appropriate and safe environment when purchasing a commodity or receiving a service, obtaining correct information about the goods he buys, uses or consumes, or the service he receives, as well as making him aware of his rights and obligations, and exercising his rights to choose the most appropriate product and service available in the market according to his desires, in addition to obtaining fair compensation for the damage caused to him or his money as a result of purchasing/ using goods, or receiving a service.
Alhefeiti said that the regulatory authorities in the UAE are working to strengthen the consumer protection system, raise the level of consumer awareness and increase the efficiency of market control mechanisms, and are always working to develop the mechanism for pricing consumer goods, regulating the contractual relationship between distributors and sales outlets, developing a mechanism for recalling defective vehicles, and means to limit annoying marketing communications.
Alhefeiti stressed the application of the best commercial practices in the UAE markets and the development of solutions to any challenges that may result from changes that may occur in the global trade movement and supply chains, which may affect the flow of goods to the UAE markets and affect its prices as a result of these developments.
Faisal Alhefeiti warned against sales through social media platforms, such as accounts on Instagram, because when deliveries of goods are delayed, or they have defects, and then complaining to the authority responsible for consumer protection in the Ministry of Economy, they respond with lack of jurisdiction due to them being unlicensed, and there is difficulty to return the goods and refund the amounts paid, a civil lawsuit can be filed to claim, adding: “Many do not have this legal background”.
Alhefeiti stated that in order to conduct business through websites or social media platforms, a license application must be submitted to the Department of Economic Development in the relevant emirate, noting that all e-commerce licenses in the UAE also require a no-objection certificate to practice electronic activity from the Telecommunications and Digital Government Regulatory Authority – TDRA, as the body responsible for regulating the e-commerce framework in the UAE and digital certification of transactions.
Alhefeiti pointed out the necessity of evaluating and periodically reviewing the effectiveness of the legislation regulating contractual relations between producers, suppliers, and retail outlets, to be within the applicable controls and standards and to limit harmful and unfair commercial practices among the parties to the relationship through evaluating the legislation, and in a way that contributes to stimulating the movement of investments in various shopping sectors.
Alhefeiti revealed that the UAE is implementing Federal Law No. (15) of 2020 regarding consumer protection, replacing Federal Law No. (24) of 2006. This law aims to protect all consumer rights, ensure the quality of the goods and services provided to them, and obtain them at the declared price, preserving the health and safety of the consumer when obtaining or using the commodity, or when he receives or uses the service. The law also encourages healthy consumption patterns. The law protects the privacy and security of consumer data and prohibits its use for promotional and marketing purposes.
The provisions of this law apply to all goods and services within the UAE, as well as its free zones, and the related operations carried out by the provider, advertiser, or commercial agent, including those carried out through e-commerce, provided that the provider of the commodity or service is registered and licensed by the relevant authorities in the UAE.
Alhefeiti said that the law stressed not to violate its provisions so that the violator would not be subject to fines ranging from 3 thousand dirhams to 2 million dirhams, or penalties of imprisonment for a period ranging from 6 months to 2 years. The penalties also include confiscation or destruction of the commodity, materials and tools used at the expense of the convict, and the shop or place where the crime occurred shall be closed for a period not exceeding 3 months.
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About Dr. Faisal Saeed AlHefeiti
AlHefeitiworked as a dispute conciliator for many commercial and civil cases at Dubai Courts. He wrote a book entitled “The Role of the Federal National Council in the UAE Constitutional System” and a book entitled “Exceptional Conditions in Administrative Contracts in Law in the UAE.”
He is a registered lawyer at the Ministry of Justice in the UAE, a certified trainer by the Canadian International Center for Consulting and Training, and a certified legal advisor by the Supreme Council for Legal Affairs in the Egyptian Legal Consultants Association and specializes in studying legislation and the mechanism for amending it according to modern parliamentary systems.
He also obtained a doctorate in law with distinction and honors from Ain Shams University in the Arab Republic of Egypt, a master’s degree in public law, a diploma in legal sciences from Dubai Judicial Institute, and a certificate for research work and study of laws and regulations from the FHI360 organization in the United States of America.
He previously worked in state legislation in the Legislation and Control Sector at the Federal National Council, United Arab Emirates.
